LITTLE FALLS - While one measure the township council has passed seeks to contain legal costs for the municipality, overall such costs continue to mount with the required payment for an environmental lawsuit and the need to hire an outside attorney to defend a wrongful death lawsuit.

The council has authorized the mayor and township administrator to execute a contract for the services of McManimon, Scotland and Baumann, the firm of current township attorney William Northgrave.

The costs would be contained at $150,000 for the year, township administrator Joanne Bergin said. Last year the township exceeded its $200,000 legal budget by about $100,000, she has said.

Still, the measure does not entirely secure Northgrave as the township attorney this year. "There may still be some discussion about the town attorney appointment," Bergin said.

The council had rejected Mayor Darlene Post’s appointment for township attorney at this year’s reorganization meeting, but Post has told Passaic Valley Today she does not plan to appoint another town lawyer.

At Monday’s meeting, the council also introduced a $95,000 bond ordinance for the purpose of funding a settlement in the matter of the state Department of Environmental Protection v. Occidental Chemical Corp.

Little Falls was one of approximately 85 municipalities named as defendants in that matter contributing to the pollution of the Passaic River and the council agreed last year to the settlement. Neighboring Woodland Park and Totowa have also approved settlements in equal amounts.

"Several months ago the council voted to approve the settlement as legal fees continued to climb with no end in sight," Bergin said. "Tonight’s action provides for the funding of that."

But it doesn’t end there. "The case is not fully resolved and continues to be heard at the federal level," she said. "Tonight’s action resolves the matter in terms of the state portion of the suit. The township continues to gauge the course of the matter."

After meeting in executive session, the council also agreed to hire an attorney to defend a lawsuit in which the estate of a township man, who died while police custody in 2011, has accused police of contributing to his death.

The lawsuit was not discussed at the meeting, listed on the agenda, or named in the executive session resolution.

Bergin afterwards said that the council has hired Peter Till, who has offices in Springfield, at a cost of $145 per hour.

The township has not established total amount to be appropriated for the matter, she said.

And how long litigation will take remains to be seen.

"It’s hard to predict, but we’re happy to begin strategizing on addressing this suit," Bergin said.

The plaintiff claims Little Falls police contributed to the death of Kenneth Benjamin during a struggle at his home on Third Avenue.

Kevin Weinman, executor of the estate for Benjamin, filed the lawsuit in state Superior Court in Paterson on Nov. 20, 2013. The suit, which has been moved to U.S. District Court, names the police chiefs of Little Falls and Cedar Grove in the lawsuit as well as four police officers from Little Falls and one from Cedar Grove, in addition to the police departments themselves.

It claims that that the policies the departments maintained led to a "deliberate indifference to the constitutional rights of citizens," and that their actions caused Benjamin’s severe injuries and led to his death.

Although officials have declined to comment on the matter, incident reports have police saying that Benjamin went into cardiac arrest at the scene and died of heart failure.

LITTLE FALLS - While one measure the township council has passed seeks to contain legal costs for the municipality, overall such costs continue to mount with the required payment for an environmental lawsuit and the need to hire an outside attorney to defend a wrongful death lawsuit.

The council has authorized the mayor and township administrator to execute a contract for the services of McManimon, Scotland and Baumann, the firm of current township attorney William Northgrave.

The costs would be contained at $150,000 for the year, township administrator Joanne Bergin said. Last year the township exceeded its $200,000 legal budget by about $100,000, she has said.

Still, the measure does not entirely secure Northgrave as the township attorney this year. "There may still be some discussion about the town attorney appointment," Bergin said.

The council had rejected Mayor Darlene Post’s appointment for township attorney at this year’s reorganization meeting, but Post has told Passaic Valley Today she does not plan to appoint another town lawyer.

At Monday’s meeting, the council also introduced a $95,000 bond ordinance for the purpose of funding a settlement in the matter of the state Department of Environmental Protection v. Occidental Chemical Corp.

Little Falls was one of approximately 85 municipalities named as defendants in that matter contributing to the pollution of the Passaic River and the council agreed last year to the settlement. Neighboring Woodland Park and Totowa have also approved settlements in equal amounts.

"Several months ago the council voted to approve the settlement as legal fees continued to climb with no end in sight," Bergin said. "Tonight’s action provides for the funding of that."

But it doesn’t end there. "The case is not fully resolved and continues to be heard at the federal level," she said. "Tonight’s action resolves the matter in terms of the state portion of the suit. The township continues to gauge the course of the matter."

After meeting in executive session, the council also agreed to hire an attorney to defend a lawsuit in which the estate of a township man, who died while police custody in 2011, has accused police of contributing to his death.

The lawsuit was not discussed at the meeting, listed on the agenda, or named in the executive session resolution.

Bergin afterwards said that the council has hired Peter Till, who has offices in Springfield, at a cost of $145 per hour.

The township has not established total amount to be appropriated for the matter, she said.

And how long litigation will take remains to be seen.

"It’s hard to predict, but we’re happy to begin strategizing on addressing this suit," Bergin said.

The plaintiff claims Little Falls police contributed to the death of Kenneth Benjamin during a struggle at his home on Third Avenue.

Kevin Weinman, executor of the estate for Benjamin, filed the lawsuit in state Superior Court in Paterson on Nov. 20, 2013. The suit, which has been moved to U.S. District Court, names the police chiefs of Little Falls and Cedar Grove in the lawsuit as well as four police officers from Little Falls and one from Cedar Grove, in addition to the police departments themselves.

It claims that that the policies the departments maintained led to a "deliberate indifference to the constitutional rights of citizens," and that their actions caused Benjamin’s severe injuries and led to his death.

Although officials have declined to comment on the matter, incident reports have police saying that Benjamin went into cardiac arrest at the scene and died of heart failure.